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COA: will can be admitted in Indiana

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Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.

Florian Latek owned his family’s farm in Porter County, but lived in Chicago and also owned real and personal property in Illinois. He executed a will, but he did not have it notarized. An Illinois court denied probate of Latek’s will because it failed to conform with Illinois’ self-proving requirements and because the witness’ signatures couldn’t be validated by testimony or by a formal attestation clause as required by Illinois law. His real and personal property in Illinois has since been distributed.

Nicholas Grapsas, the Illinois public administrator of Latek’s estate, challenged the admission and probate of the will in Indiana court concerning the Indiana property. Grapsas argued that because the Illinois court had already determined the will was invalid under Illinois law, Indiana was precluded under the doctrines of res judicata and full faith and credit from deciding the same issue.

On interlocutory appeal in In the Matter of the Estate of Florian T. Latek; Nicholas G. Grapsas, et al. v. Gerald Ronneau, No. 64A05-1103-ES-112, the COA found the majority rule – which provides that title to and disposition of real estate either by deed or will is governed by the law of the state where the land is situated – to be applicable. The judges cited cases from outside of Indiana as well as an Indiana Supreme Court case from 1897 that stated Indiana will follow the majority rule.

“We therefore conclude that under the majority rule, the Illinois Court’s denial of Latek’s Will to probate because it failed to comply with Illinois’s statutory execution requirements has no effect on the subsequent admission and probate of Latek’s Will in Indiana as it concerns the disposition of real property located in Indiana. Principles of res judicata and full faith and credit have no application in matters involving probate and title to realty,” wrote Judge Ezra Friedlander.

The appellate court also found the Indiana trial court did not abuse its discretion in appointing James Bozik, Latek’s attorney, as personal representative of Latek’s estate.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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